VDOT-VT Partnership for Project Scheduling
Charles Edward Via, Jr. Department of
Civil and Environmental Engineering
College of Engineering
200 Patton Hall (0105)
Blacksburg, Virginia 24061
540/231-0923 Fax: 540/231-7532
E-mail: scheduling@vt.edu
www.vpps.cee.vt.edu
A Review of the Operational and Contract
Administration Implications of Schedule Response
TR-06-01
February 2006
John C. Hildreth
Virginia Tech
Abstract
The nature of an owner’s response to a schedule submittal depends on the degree to which the owner
desires to review and make use of the submitted information. Potential responses of received, reviewed, or
approved are defined, the implications of each explored, and the requirements for making such a response are
identified.
Response methods of state transportation agencies have been reviewed to determine which
methods are currently being used, along with pertinent literature to identify previously recommended
responses. The purpose of this document is to present the results of this review and recommend to VDOT
which response method should be employed.
Invent the Future
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A Review of the Operational and Contract Administration
Implications of Schedule Response
A construction contract that includes a requirement for the contractor to prepare and submit a progress
schedule to the owner necessitates that the owner respond in some manner. The nature of this response
depends on the degree to which the owner desires to review and make use of the submitted information. An
owner may choose to indicate that the schedule has been received, reviewed, or approved.
•
Receiving a schedule is to simply acknowledge receipt of the schedule.
•
Reviewing a schedule is to review and approve only for conformance to the
contractual scheduling requirements.
•
Approving a schedule is to review and approve for conformance to the scheduling
requirements and reasonableness of the plan reflected by the schedule.
The response methods of state transportation agencies have been reviewed to determine which
methods are currently being used, along with pertinent literature to identify previously recommended
responses. The purpose of this document is to present the results of this review and recommend to VDOT
which response method should be employed.
Questions frequently asked regarding the implications of
responses to schedule submittals and the answers thereto are provided in the attached Table 3.
Possible Schedule Responses
To adequately evaluate response options, it is necessary to clearly understand what is and is not
implied by each response. These implications determine the criteria for which a schedule may be rejected,
which is to say that the schedule requirements have not been satisfied. The statement made by an owner
regarding their intended use of the schedule and their commitment to the project team also varies with the
response to a schedule submittal.
Receive
A schedule returned as received indicates only that receipt is acknowledged. It does not afford the
owner an opportunity to evaluate and comment on the schedule relative to any contractual requirements and
does not indicate that the schedule reflects submittal requirements. Penalties may be contractually imposed if
the schedule is not submitted, but the schedule requirements are satisfied once submission is made. The
owner sends the message that the schedule will not be used as a project management tool, but rather held for
later use during the claims process if necessary.
Review
A schedule returned as reviewed indicates receipt of the schedule and it has been reviewed for
conformance with the contract documents. It signifies that, in the opinion of the reviewer, the schedule meets
the requirements for form and format, completion date, and any other contractual schedule constraints. It does
not indicate that the durations or sequence of activities have been reviewed, the schedule is feasible, any
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indicated resources are adequate, or any responsibility for performance of the work is removed from the
contractor.
The owner may reject a schedule that does not reflect the contractual schedule requirements and
contractually impose penalties until it does. However, a schedule that meets the form and format requirements
and reflects contractual schedule requirements (e.g. milestone, utility, or MOT requirements) must be accepted
without an opportunity for the owner to take exception to the reasonableness of the timing or duration of
activities for which they are responsible. By choosing to review a schedule, the owner sends the message that
the schedule will be used at the time of submission to measure the contractor’s understanding of the project,
during construction to assess the performance of the contractor, and will be held for later use during the claims
process if necessary.
Approve
A schedule returned as approved indicates receipt of the schedule and that it has been reviewed for
conformance to the contract, responsibleness of the work plan, and timing and duration of owner activities. It
signifies that, in the opinion of the reviewer, the schedule meets the requirements for form and format,
completion date, and any other contractual schedule constraints, the work plan appears responsible, and the
owner is agreeable to their actions as described in the schedule. Schedule approval does not indicate the
durations or sequence of activities for which the owner is not responsible are valid, any indicated resources are
adequate, or any responsibility for performance of the work is removed from the contractor.
The schedule requirements are satisfied when the schedule reflects all contractual schedule
requirements and includes reasonable timing or duration of owner activities. Otherwise, the owner may reject
the schedule, provide comments in those regards, and contractually impose penalties until it does.
By
choosing to approve a schedule the owner makes affirmative statements regarding use of the schedule as a
management tool, commitment to the project team, and commitment to non-interference.
Requirements for Response
The schedule submittal response made by an owner determines the requirements that must be
satisfied for the response to be appropriate and meaningful. The requirements are mapped to the possible
responses in Table 1. Regardless of the response, it is necessary for the owner to provide clear and definitive
submittal requirements. It is necessary to prescribe the scheduling method to be employed, level of detail to be
depicted, format of the graphical schedule presentation, specific data to be included in schedule reports, and
the requirements and procedures for updating the schedule during construction.
Without clearly defined
submittals, the schedule provided may not contain sufficient information or be in a format that is useful to the
project team. Recommendations for schedule submittals have been made by the Partnership under separate
cover. Five scheduling categories are recommended to provide an appropriate schedule tool for projects of
varying size and complexity. The recommended submittals are organized to provide for controlling project
start-up, establishing a baseline, and maintaining the schedule during construction. The schedule components
required for each are described.
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To respond that a schedule has been reviewed, an owner must be able to evaluate the schedule
relative to the format and technical requirements. Approving a schedule requires the owner to be able to
evaluate the reasonableness or feasibility of a schedule. It is important that the review process, regardless of
the extent, be uniform and viewed as non-arbitrary. Developing benchmark standards against which submittals
can be compared is a means of objectifying the process. Standards have been developed as part of the
Partnership’s mentor-based training program for reviewing Category I, II, and III baseline schedule submittals.
Standards are also expected to be developed for reviewing schedule update submittals.
Table 1: Requirements for Schedule Submittal Response
Receive
Review
Approve
3
3
3
Ability to review schedules for
conformance with form and
format requirements
3
3
Ability to review schedules for
conformance with technical
requirements
3
3
Clearly defined submittal
requirements
Ability to review schedules for
reasonableness
3
Review of State Agency Response Methods
The response methods employed by 46 state transportation agencies were reviewed to determine
which of the three aforementioned responses were currently being issued. The methods used by Arkansas,
Oklahoma, and Wisconsin were not readily available and the current methods used by Virginia were not
included. The methods were generally available from the Prosecution and Progress section of the general
conditions, although the methods used by California, South Carolina, and South Dakota were determined from
available special provisions pertaining to construction schedules. The results are summarized in Table 2 and
presented graphically as Figure 1.
The agency methods were categorized based on:
•
Receive – contract provisions indicated a schedule submittal was required, but gave no
indication that it would be evaluated in any manner
•
Review – contract provisions indicated a schedule submittal was required that would be
reviewed or approved and it was assumed the review would be only for conformance to the
contractual requirements
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•
Approve – contract provisions indicated a schedule submittal was required that would be
reviewed or approved and would be evaluated in terms of reasonableness or feasibility
The contractual provisions of seven agencies indicate that schedules are received, with six stating that
the contractor will “submit” a schedule. The seventh receiving agency, Michigan DOT, specifies only that work
is to be performed in accordance with a progress schedule. It is likely reasonable to assume that the schedule
would be provided to the agency. New Hampshire DOT clearly states that the submitted schedule is “for
documentation”.
Form and format requirements are generally limited, but not entirely absent, from the
provisions requiring schedule submission.
The provisions of the remaining 39 agencies indicate that submission of a construction schedule is
required and will receive some form of review or approval. Of those agencies, 19 indicate that the schedule will
be reviewed or approved, but no further information regarding the meaning or limitation of approval is provided.
Statements are often included to affirm that contractual requirements are in no way altered by approval and to
disclaim approval of particular schedule aspects, commonly validity and reasonableness. Nine agencies made
clear statements that schedule approval does not waive any contract requirements. Twelve agencies indicated
that approval does not imply endorsement, justification, or validity.
Four agencies specifically disclaimed
approval of schedule feasibility or reasonableness.
Of the 39 agencies evaluating schedules, three indicated that feasibility or reasonableness would be
considered.
Two agencies, Indiana DOT and Minnesota DOT, specifically stated that approval indicates
“concurrence in the reasonableness and feasibility” of the schedule. These same agencies also clearly state
that approval “in no way justifies” the schedule.
Figure 1: Graphical Summary of Schedule Response Methods
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Table 2: Summary of Contract Language Regarding Schedule Submittal Response
State
Alabama
Alaska
Arizona
California
Colorado
Connecticut
Delaware
Section
108.03
Contract Language
The Engineer's approval of the aforementioned Schedule of Operations
does not waive any contract requirements.
108-1.03 A progress schedule, in a format acceptable to the Engineer...
108.04
It is the Resident Engineer’s responsibility to review and accept the
schedule.
The intent of the Resident Engineer’s review is primarily to look at the
sequencing of the work to determine if the Contractor has considered:
• all the contract requirements, such as shop drawing reviews, traffic
restrictions, access limitations, time constraints, etc.;
• any unusual site conditions;
• any regulatory impediments from local, county, state, or federal agencies;
• interface requirements with other Contractors;
• construction method limitations specifically described in the Project Plans
and Special Provisions; and
• any other unusual contract constraints.
The Engineer's review and acceptance of schedules shall not waive any
Special contract requirements and shall not relieve the Contractor of any obligation
Provision thereunder or responsibility for submitting complete and accurate
information.
Acceptance of the Contractor’s Schedule by the Engineer is not to be
construed as relieving the Contractor of obligation to complete the contract
work within the contract time allowed for the portion of the work or the
108.03
entire Contract, or granting, rejecting or in any other way acting on the
Contractor’s request for extension of
contract time, or claims for additional compensation.
1.08.03
108.04
Florida
8-3.2
Georgia
108.03
...in the progress schedule which it has submitted to the Department…
The Contractor shall submit a progress schedule to the Engineer for
review.
By acceptance of the schedule, the Engineer does not endorse or
otherwise certify the validity or accuracy of the activity durations or
sequencing of activities. The Engineer will use the accepted schedule as
the baseline against which to measure the progress.
Approval of the Progress Schedule shall not be construed to imply approval
of any particular method or sequence of construction or to relieve the
Contractor of providing sufficient materials, equipment, and labor to
guarantee the completion of the Project in accordance with the Plans,
Specifications, and Special Provisions within the time set forth in the
Proposal.
Category
No Changes to
Contractual
Requirements
Review
3
Disclaim Approval of
Schedule
Validity/Accuracy
Disclaim Approval
of Reasonableness
Review
Approve
Review
3
Review
3
Receive
Review
Review
3
Review
3
6
Table 2: Summary of Contract Language Regarding Schedule Submittal Response (continued)
State
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Section
Contract Language
The submittal of, and the Engineer’s receipt of any progress schedule shall
not be deemed an agreement to modify any terms or conditions of the
contract. Nor shall any submittal or receipt imply the Engineer’s approval
of the schedule’s breakdown, its individual elements, any critical path that
may be shown nor shall it obligate the Department to make its personnel
available outside normal working hours or the working hours established by
108.07.C the Contract in order to accommodate such schedule. The Contractor has
the risk of all elements (whether or not shown) of the schedule and its
execution. Any acceptance or approval of the schedule shall be for general
format only and shall not be deemed an agreement by the Department that
the construction means, methods and resources shown on the schedule
will result in work that conforms to the contract requirements or that the
sequences or durations indicated are feasible.
Category
Review
108.02
Acceptance of any schedule shall not relieve the Contractor of his
responsibilities to ...complete the work within the contract time. The initial
schedule will not be accepted unless it satisfies contract milestones,
intermediate contract completion dates and the contract completion date
and shall show the scheduled completion date and the substantial
completion date when applicable.
Review
108.02
Contractor shall submit to the Engineer a satisfactory progress schedule or
critical path schedule…No payment under this contract will be made until a
progress schedule has been submitted for approval. Payment may be
withheld until a satisfactory schedule has been submitted and approved.
Review
Acceptance of the schedules will in no way justify them, but will simply
indicate concurrence in their reasonableness and feasibility on the
assumption that every effort shall be made to meet them.
Upon receipt of the CPM progress schedule, the schedule will be reviewed
1110.02.A
for compliance with the intended work.
The Contractor, when required by the Engineer, shall submit a "Progress
108.03
Schedule" for review.
At this conference, submit a progress schedule showing the order in which
108.02
the work will be carried out.
Prior to beginning the work the contractor shall submit to the project
engineer a Construction Progress Schedule giving a satisfactory schedule
108.03
of operations that provides for completion of the work within the contract
time.
108.04
107.4.2
The Department will review the Schedule of Work and provide comments
to the Contractor within 20 days of receipt of the schedule.
No Changes to
Contractual
Requirements
Approve
Disclaim Approval of
Schedule
Validity/Accuracy
Disclaim Approval
of Reasonableness
3
3
3
3
Review
Review
Receive
Review
Review
7
Table 2: Summary of Contract Language Regarding Schedule Submittal Response (continued)
State
Section
Contract Language
Category
No Changes to
Contractual
Requirements
Disclaim Approval of
Schedule
Validity/Accuracy
Disclaim Approval
of Reasonableness
Within 30 days after Notice to Proceed, the Contractor shall furnish the
procurement officer a "Progress Schedule" showing the proposed order of
work and indicating the time required for the completion of the work.
Maryland
GP-8.04
Review
If, in the opinion of the procurement officer, the Contractor falls significantly
behind the approved progress schedule, the Contractor shall take any and
all steps necessary to improve his progress.
Massachusetts
Michigan
Minnesota
Mississippi
The Contractor shall submit, to and for the comments of the Engineer, a
schedule of operations within ten days after the mailing of the executed
Contract to the Contractor.
the Contractor shall perform the work according to the detailed progress
108.02
schedule
Approval of the Contractor's progress schedules by the Engineer in no way
justifies the schedules, but simply indicates concurrence in their
1803.1
reasonableness and feasibility on the assumption that the Contractor will
make every effort required to meet them.
The Department will furnish the Contractor a progress schedule developed
for the determination of contract time which may be used as the contract
108.03.1
progress schedule, or the Contractor’s own proposed progress schedule
may be submitted for approval;
The contractor shall submit a progress schedule to the engineer for review
prior to or at the pre-construction conference.
8.02
Missouri
108.4
Montana
108.03
Nebraska
108.07
The review by the engineer of any progress schedule will not constitute a
determination that the schedule is reasonable, that following the schedule
will result in timely completion, or that deviation will result in a delayed
completion.
Submit to the Engineer within 5 calendar days of award, 2 copies of an
Activities Schedule Chart (ASC) and Written Narrative (WN) that details the
time (working days or completion date) involved to complete the major
contract items for the duration of the Contract.
The Contractor shall develop and submit for approval a progress schedule.
Review
Receive
3
Approve
Review
3
Review
3
Receive
Review
After being awarded the contract, prepare and submit for acceptance the
progress schedules as specified herein showing the order in which the
work is proposed to be carried out.
Nevada
108.03.a
Do not construe the approval of any schedule submitted to assign
responsibility of performance or contingencies to the Department or relieve
responsibility to adjust forces, equipment, and work schedules as may be
necessary to insure completion of the work within prescribed contract time.
Review
3
8
Table 2: Summary of Contract Language Regarding Schedule Submittal Response (continued)
State
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oregon
Section
Contract Language
The Contractor shall submit a progress schedule to the Engineer for
documentation in accordance with 105.02.
It is not intended that the Engineer, by approving the progress schedule,
agrees that it is reasonable in all respects or that following the progress
108.04.3
schedule can result in timely completion of the Project. The progress
schedule is not a part of the Contract.
One week before the preconstruction conference or at the preconstruction
conference if so approved by the Project Manager, the Contractor shall
108.03
furnish the Project Manager with a “progress schedule” for the Engineer’s
approval.
Approval of the progress schedule shall not be construed to imply approval
of any particular method or sequence of construction or to relieve the
108-01 A Contractor of providing sufficient materials, equipment, and labor to
guarantee the completion of the Project in accordance with the contract
proposal, plans and specifications
108.03
108-2
The Contractor shall prepare and submit for approval by the Engineer a
schedule of his proposed working progress on the project in accordance
with the instructions and on forms furnished by the Engineer.
108.01 B The progress schedule shall be submitted to the Department.
Prepare and submit a progress schedule, of the type specified in the
Contract Documents, to the DCE for review at or before the
preconstruction conference. The Engineer will review the schedule and
180.02.B.1
within 14 Calendar Days of receipt, will either accept the schedule or
provide the Contractor with comments. Acceptance of the schedule does
not revise the Contract Documents.
The Contractor shall submit a Project Work schedule meeting the
00180.41
requirements of this Subsection to the Engineer.
Category
No Changes to
Contractual
Requirements
Disclaim Approval of
Schedule
Validity/Accuracy
Disclaim Approval
of Reasonableness
Receive
3
Review
Review
Review
3
Review
Receive
Review
Receive
Pennsylvania
Acceptance of the Contractor’s Schedule or any revision(s) thereto, by the
Department, will not constitute the Department’s approval of or agreement
108.03(b) with the sequence of operations, the durations of activities, the adequacy or
propriety of resources, the identity of controlling operations, nor the
feasibility or any other characteristics of the Schedule or its revisions.
Review
Rhode Island
The project schedule baseline will be submitted to the department and will
108.03 c be returned to the contractor, within ten working days of receipt, to the
Contractor marked either "Acceptable" or "Revise and Resubmit."
Review
South Carolina
A Critical Path Method (CPM) Project Schedule and the deliverables
Special
identified below will be submitted for review and approval to the Resident
Provision
Construction Engineer or his designee at the Preconstruction Conference.
Review
3
3
9
Table 2: Summary of Contract Language Regarding Schedule Submittal Response (continued)
State
Section
Contract Language
Category
No Changes to
Contractual
Requirements
Disclaim Approval of
Schedule
Validity/Accuracy
Review
3
3
3
3
Disclaim Approval
of Reasonableness
The Contractor shall submit to the Engineer a schedule of work for
approval.
South Dakota
Tennessee
Texas
Special
Provision
108.03
8.2
The approval of the schedule by the Engineer in no way attests to the
validity of the assumptions, logic constraints, dependency relationships,
resource allocations, manpower and equipment, or any other aspect of the
proposed schedule. The Contractor is and shall remain solely responsible
for the planning and execution of work in order to meet project milestones
or contract completion dates.
If for any reason, construction gets out of step with the plan of operations
or CPM if required, the Contractor shall offer for approval new scheduling
that will assure timely completion.
Schedules are subject to review and acceptance.
Review
Review
Within 14 calendar days of the Notice of Award, submit a baseline
construction schedule in a Critical Path Method (CPM) format for the
Engineer’s review and acceptance.
Utah
Acceptance of the baseline construction schedule by the Engineer does not
imply approval of any particular construction methods or relieve the
Contractor from its responsibility to provide sufficient materials, equipment,
00555-1.6 C and labor to guarantee the completion of the project in accordance with the
contract documents.
Review
Acceptance of the baseline construction schedule by the Engineer does not
attest to the validity of assumptions, activities, relationships, sequences,
resource allocations, or any other aspect of the baseline construction
schedule. Within the contractual constraints, the Contractor is solely
responsible for the planning and execution of the work.
Vermont
108.03
Washington
1-08.3
West Virginia
108.3.1
Wyoming
108.3.2.1
The Contractor shall submit, to and for the approval of the Engineer, a
CPM progress schedule within ten calendar days after the award of the
Contract.
The Engineer’s approval of any schedule shall not transfer any of the
Contractor’s responsibilities to the Contracting Agency. The Contractor
alone shall remain responsible for adjusting forces, equipment, and work
schedules to ensure completion of the work within the time(s) specified in
the contract.
The Division's review of the Schedule does not represent approval of the
Contractor's estimate of resources (labor, material and equipment), method
of operation, or production rates.
Acceptance does not modify the contract or constitute endorsement or
validation by the engineer of the contractor’s logic, activity durations, or
assumptions in creating the schedule.
Review
Review
3
3
Review
Review
3
3
10
Literature Review
Kagan1 defines shop drawings as vehicles that convert the line drawings of the engineer to specific
hardware. The “drawings” are information submitted by the contractor to communicate their understanding and
intentions to the engineer or owner.
For an engineered system, the information may be in the form of
manufacturers’ catalog cuts describing the product or material the contractor intends to use or may be detailed
drawings depicting how the contractor intends to build or install a system.
Designers have changed the meaning of shop drawing “approval” over time in an effort to limit any
resulting liability. The typical disclaimer attached to approval is that a general review has been performed and
the submitted information meets the intent of the design, but no warranty for performance of the product is
expressed for implied.
A construction schedule is in many aspects a shop drawing submitted to the owner to communicate
the contractor’s intentions for performing the work. Much like a catalog cut, the schedule can be reviewed to
determine whether the plan conforms to the contractual requirements.
Rather than material or structural
requirements, the schedule must meet form and format requirements and reflect the contractual requirements
relating to the timing and sequence of construction. These timing and sequence requirements are commonly in
the form of, but need not be limited to, milestone dates (intermediate or completion), maintenance of traffic
(MOT) constraints, environmental restrictions, or utility disruption restrictions.
While similar in some aspects, the schedule submittal differs from a typical shop drawing in that the
information changes as the project progresses and may include requirements that the owner is expected to
fulfill.
The changing information is typically managed by requiring that updated information be submitted
periodically. This effectively makes each submission a “shop drawing” to be reviewed separately, but in light of
information from previous schedule submittals.
Bartholomew2 notes that all contracts include an implied warranty that neither party shall act or fail to
act in a manner that interferes with the ability of the other party to perform the contract work. The information
contained in the schedule submittal related to the expectations of the owner, and the timing thereof, provides
the owner some basis for managing that risk.
Wickwire et al.3 recommend that a construction owner adopt a formal schedule approval process
because it affords the owner an opportunity to:
•
assess the reasonableness of the contractor’s plan
•
coordinate between contracts
•
insure owner-related functions are properly incorporated
•
comment on overly aggressive or erroneous schedules
Approval effectively establishes the validity of the schedule and results in a “rebuttable presumption of
correctness”, which means the schedule is presumed reasonable unless otherwise proven. The owner is
1
Kagan, H. A. “How Designers Can Avoid Construction Claims”. Journal of Professional Issues in Engineering,
ASCE, 111(3), 1985.
2
Bartholomew, S. H. Construction Contracting: Business and Legal Principles. Columbus: Prentice Hall, 1998.
3
Wickwire, J. W. et al. Construction Scheduling: Preparation, Liability, and Claims. 2nd ed. New York: Aspen, 2003.
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essentially bound to the approved schedule and is expected to meet obligations and perform tasks accordingly.
The owner is encouraging joint participation and use of the schedule by both parties as a management tool.
A reluctance to approve a schedule may be the result of fearing that the response may be later used to
justify a claim. By withholding approval, an owner may believe the reasonableness of the schedule can be
questioned at a later time. However, courts have imposed implied obligations regarding the schedule despite
silence on the part of the owner. Bramble and Callahan4 note that formal acceptance is not required for
acceptance by a court to prove a delay.
Wickwire et al. state that “refusal to approve a schedule is an unwise course” because it deprives the
owner of the ability to reject unreasonable plans, exposes the owner to potential claims for early completion,
and denies the parties a baseline from which to evaluate delays. They go on to recommend that liability
assumed as a result of schedule approval be minimized by:
•
carefully reviewing any time frames for owner-related functions
•
including cautionary contract language indicating that the contractor remains the party
responsible for development and execution of the means, methods, and timing of
performance reflected in the project plan
Conclusion
It is recommended that a construction owner approve schedule submittals to make a clear and
affirmative statement regarding the value of the schedule to the project team. Schedules should be approved
for both conformance to contract requirements and the reasonableness of the plan it reflects.
Review
standards should be employed to ensure a uniform and non-arbitrary approval process. Exculpatory language
should be incorporated into the contract to ensure that risk and responsibility is not transferred to the owner as
a result of schedule approval.
A formal schedule approval process allows the owner to better manage the risk associated with an
implied warranty for non-interference. By including reasonableness in the schedule approval criteria, the owner
may comment on the reasonableness of the plan as a whole and may require the schedule to reflect comments
regarding the reasonableness of the timing and duration of activities for which the owner is responsible.
Schedule approve, as defined herein:
•
provides the parties with an agreed upon baseline for delay analysis
•
allows the owner to coordinate between multiple contracts
•
encourages joint participation in the project, joint responsibility for the schedule, and use of
the schedule as a management tool
Reviewing a schedule provides only for the schedule to be reviewed and approved relative to the
contractual requirements. This response can not be recommended because it places the owner at a less than
optimal position to manage risks and does not encourage either party to use the schedule as a management
tool.
4
Bramble, B. and Callahan, M. Construction Delay Claims. New York: Wiley, 1987.
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An approved schedule, even if only approved for conformance to the contract, results in a baseline that
may later be used for delay analysis. It also carries with it a rebuttable presumption of correctness and an
obligation of the parties involved to fulfill the requirements of the schedule.
By not providing for the
reasonableness of schedules to be evaluated, the owner forfeits an opportunity to take exception to the
reasonableness of the timing or duration of activities for which they are responsible and puts itself in a less than
optimal position to manage the risk of interfering with the contractor’s performance of the work. The review
response does not send the message that the schedule should be used to manage the project, but rather that it
will be used to assess the performance of the contractor during construction and during the claims process if
necessary.
Receiving provides only for acknowledgement of receipt of a schedule submittal. This response can
not be recommended because it:
•
denies an owner an opportunity to reject an unreasonable schedule
•
exposes the owner to potential unreasonable claims for early completion
•
denies the parties an agreed upon baseline for use in delay analysis
•
does not encourage the development of a reasonable schedule
•
does not encourage either party to use the schedule as a management tool
A list was compiled of common questions regarding the implications of schedule responses, in terms of
schedule use, limitations to requirements imposed by the owner, and allocation of responsibilities.
The
questions and answers thereto are provided in the attached Table 3.
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Table 3: Schedule Response Frequently Asked Questions
Question
If the schedule is reviewed for
conformance with contract documents
If the schedule is reviewed for
conformance and feasibility
Yes
Yes
Can the schedule be used to demonstrate planning
and confirm that the Contractor has a plan that
meets the contractual requirements?
No
Yes
Can the Owner make comments regarding the
reasonableness of the Contractor's planned means The Owner may make such comments, The Contractor is obligated to provide the
and methods, sequence, timing, and production of but provided the schedule demonstrates Owner the information necessary to fully
the work and is it necessary for the Contractor to
compliance with the contract, the
understand the schedule prior to
respond?
Contractor has no obligation to respond.
approval.
Maybe
Can the schedule be used as a basis for measuring
progress and, if necessary, ordering corrective
action?
The schedule can likely be used to
measure progress, but not for ordering
corrective action.
No
Can the schedule be used as a baseline for
quantifying the impact of contract changes, Owner
actions, and Contractor actions?
Yes
The schedule can not be used for delay
analysis unless agreed upon by all
parties involved.
Yes
Can the schedule be used as a mechanism to
clarify and communicate the necessary Owner
actions?
Yes
However, the Owner denies themselves
control over the timing of the necessary
actions and plays down their commitment
an implied warranty of non-inference.
No
Yes
The Owner retains the right to not
approve unreasonable timing of
necessary actions and confirms and
builds commitment to an implied
warranty of non-interference.
Yes
Can the schedule become a tool for team building,
Approval is an affirmative statement by
communication, and shared commitment within the
An unwillingness to fully agree is an
the Owner of commitment to the project
project team?
affirmative statement of non-commitment
team.
Can the schedule become a management tool for
positive communication and action?
Does the Owner promote continuous use and
maintenance of the schedule as a means to take
corrective action and achieve project goals?
Is the Owner responsible for the impacts of Owner
caused delays?
Is the Owner responsible for the Contractor's
means and methods, performance, or
achievement?
V I R G I N I A
No
Yes
The schedule is perceived as a club
reserved for use, if necessary, in the
claims process.
The schedule is a tool shared by and
used jointly by the project team.
No
Yes
Owner promotes submission of the
schedule, which is a single event.
Schedule maintenance is promoted
through the project team sharing and
using the schedule.
Yes
Yes
The existence of an approved schedule does not alter Owner responsibilities.
However, review without approval gives the impression of limited liability and
commitment. Approval allows the Owner to manage this liability and makes a clear
statement that the Owner is committed to achieving the project goals.
No
No
Prosecution of the work remains solely
the Contractor's responsibility.
Schedule approval provides the Owner
an opportunity to make clear statements
that prosecution of the work remains
solely the Contractor's responsibility.
P O L Y T E C H N I C I N S T I T U T E A N D S T A T E U N I V E R S I T Y
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